Part 13Tax avoidance

Chapter 3Transactions in land

Exemptions

766Exemption: disposals of shares in companies holding land as trading stock

1

No liability to income tax arises under this Chapter in respect of a gain on property deriving value from land if—

a

the gain is obtained by the holder of shares,

b

the gain arises as a result of the holder of shares falling within section 757(1)(a) or (b) (persons acquiring, holding or developing land and connected persons), and

c

the circumstances are such as are mentioned in subsections (2) and (3).

2

The gain arises on a disposal of shares in—

a

a company which holds that land as trading stock, or

b

a company which directly or indirectly owns at least 90% of the ordinary share capital of another company which itself holds that land as trading stock.

3

All the land so held is disposed of—

a

in the normal course of its trade by the company which holds it, and

b

so as to procure that all opportunity of profit in respect of the land arises to that company.

4

This section does not affect any liability as a result of any person falling within section 757(1)(c) (parties to arrangements and schemes, etc).